Section 24 in Telecommunication (Broadcasting and Cable) Services Standards of Quality of Service and Consumer Protection (Addressable Systems) Regulations, 2017
24. Supply and installation of the customer premises equipment.
(1)Every distributor of television channels or its linked local cable operator, as the case may be, shall provide to every subscriber the set top box conforming to relevant Indian Standards set by the Bureau of Indian Standards.(2)It shall be permissible for every subscriber to buy a set top box of approved quality from the open market, if available, which is technically compatible with the system of the distributor of television channels and the distributor or its linked local cable operator, as the case may be, shall not compel any subscriber to buy or take on rent the set top box from him alone.(3)Every distributor of television channels or its linked local cable operator, as the case may be, shall offer customer premises equipment to every consumer under the following schemes:(i)outright purchase scheme, and(ii)rental scheme:Provided that, in addition to offering customer premises equipment on outright purchase scheme and rental scheme, it shall be permissible for the distributor or its linked local cable operator, as the case may be, to offer customer premises equipment under any other scheme including bundled scheme.(4)Every distributor of television channels or its linked local cable operator, as the case may be, shall inform the consumers the details of all the schemes of customer premises equipment offered by it.(5)Every distributor of television channels shall publish on its website the details of all schemes for customer premises equipment along with other terms and conditions applicable to the said schemes and such information shall also be disseminated through the customer care programming service.(6)In case of outright purchase scheme, the distributor of television channels or its linked local cable operator, as the case may be, shall specify the retail price of customer premises equipment along with guarantee/warranty period:Provided that the guarantee/warranty period in respect of such customer premises equipment shall be for at least one year:Provided further that the ownership of such customer premises equipment shall rest with subscriber.(7)No distributor of television channels or its linked local cable operator, as the case may be, shall charge any fee or amount, except the amount applicable in accordance with sub-regulation (11), towards repair and maintenance of customer premises equipment purchased under outright purchase scheme during its guarantee/warranty period:Provided that distributor or its linked local cable operator, as the case may be, shall also offer annual maintenance scheme for the customer premises equipment provided under such scheme after the expiry of guarantee/warranty period:Provided further that nothing contained in this sub-regulation shall apply if the customer premises equipment has been tampered with or physically damaged by the subscriber.(8)In case of rental scheme, the distributor of television channels or its linked local cable operator, as the case may be, shall specify the monthly rental amount for customer premises equipment and other terms and conditions, if any:Provided that it shall be permissible for the distributor or its linked local cable operator, as the case may be, to specify an interest-free refundable security deposit as may be considered appropriate by him:Provided further that ownership of the customer premises equipment offered by the distributor or its linked local cable operator, as the case may be, under such schemes shall remain with the distributor or its linked local cable operator, as the case may be.(9)In case of all other schemes which may include bundled scheme, the distributor of television channels or its linked local cable operator, as the case may be, shall specify separately, the retail price of the customer premises equipment, network capacity fee, charges for pay channels or bouquet of pay channels, bundled with customer premises equipment and other terms and conditions, if any:Provided that the ownership of such customer premises equipment offered by the distributor or its linked local cable operator, as the case may be, under such schemes shall remain with distributor or its linked local cable operator, as the case may be.(10)Every distributor of television channels or its linked local cable operator, as the case may be, shall be responsible for maintaining the customer premises equipment, availed under rental scheme or other schemes as referred to in sub-regulation (8) and sub-regulation (9), as the case may be, in good working condition to ensure uninterrupted services to the subscriber, for a minimum period of three years:Provided that the subscriber shall not be liable to pay any fee or amount, except the amount applicable in accordance with sub-regulation (11), for rectification of fault in the customer premises equipment on every incidence of fault during such period.Provided further that nothing contained in this sub-regulation shall apply if the customer premises equipment has been tampered with or physically damaged by the subscriber.(11)It shall be permissible for the distributor of television channels providing direct to home (DTH) services to charge an amount not exceeding rupees two hundred and fifty as visiting charge per registered complaint requiring visit of a person to subscriber's premises for carrying out repair and maintenance services:Provided that no visiting charges will be levied on the subscribers for any complaint relating to set top box:Provided further that such visiting charge shall not be debited from the pre-paid subscription account of the subscriber:Provided also that the receipt for payment for such charges shall be issued to the subscriber by the distributor.(12)Every distributor of television channels or its linked local cable operator, as the case may be, shall ensure that a faulty set top box is repaired within twenty four hours, from the time of registering of complaint by the subscriber:Provided that the distributor or its linked local cable operator, as the case may be, shall replace the faulty set top box with a functional set top box in case the faulty set top box cannot be set right in working condition within twenty four hours.Provided further that nothing contained in this sub-regulation shall apply if the set top box has been tampered with or physically damaged by the subscriber.
